JOINT BASE SAN ANTONIO, Texas –
Title 5, U.S.C., Chapter 71 – commonly referred to as the “Federal Service Labor-Management Relations Statute,” or the “Statute” for short – governs the federal sector labor relations program throughout covered government agencies for more than 1.9 million employees.
One requirement of the Statute is that agencies must annually remind bargaining unit employees of their "Weingarten Rights." However, some may not know what a "Weingarten Right" actually stands for.
A duly recognized union is entitled to represent bargaining unit employees in meetings with management in connection with an investigation. The Federal Labor Relations Authority, or FLRA, the federal agency charged with the administration and enforcement of the Statute, has consistently held that three conditions must be met for a meeting to be considered a "Weingarten" meeting:
- One or more agency representatives are examining (questioning) a bargaining unit employee in connection with an investigation;
- The employee reasonably believes that the examination may result in disciplinary action against the employee; and
- The employee requests Union representation.
In accordance with 5 U.S.C. 7114(a)(3), agencies shall annually inform its employees of their rights under paragraph 7114(a)(2)(B) to request union representation in meetings with management in connection with an investigation, if the criteria put forth above is met.
"(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of the agency in connection with an investigation the employee reasonably believes that the examination may result in disciplinary action against the employee; and the employee requests representation."
Questions regarding “Weingarten Rights” or general questions regarding the Federal Service Labor-Management Relations Statute may be directed to the Labor Management Relations Office, Civilian Personnel Services at 210-808-7579.
For more information, call Joint Base San Antonio-Fort Sam Houston and JBSA-Lackland, call 210-808-3349 or 210-221-1836; and at JBSA-Randolph, call 210-652-4657.
For additional Weingarten Right information, visit the FLRA site at https://www.flra.gov/Guidance_investigatory%20examinations_part%203
(This fulfills a requirement to annually notify employees of their statutory rights.)